federalism

Guest Contributor Jetta Cook: Greater Than the Sum: Sub-national Renewable Energy Policy during the Trump Administration

Solar panel array in CA desert

Even Red-States Supported and Increased Renewable Energy during the Trump Administration

Below the federal level, it’s difficult to discern the impact that the Trump Administration had on energy policy. To take a closer look, I conducted a fifty-state survey to discern how state, local, and public utility actions affecting energy policy came together as a whole over the past four years. Across the nation, I found, …

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Washington State Ups Its Climate Game

After much travail, the state has finally put a price on carbon.

The Washington state legislature passed a historic climate change bill on April 24.  The bill requires a 95% cut in carbon emissions by 2050. After much travail, the state has finally managed to put a price on carbon by adopting a cap-and-trade system. With the decision of additional states to join the east coast RGGI …

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Climate Action on the West Coast

Three liberal states with very different climate records.

Although California, Oregon, and Washington are often  considered liberal bastions, they differ widely in how much they’ve been able to do in climate policy.  The scale of their responses has been pretty much proportional to how much of their populations are urban, with conservative rural areas in each state that resist climate action. California.  California …

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Pandemic Lessons in Governance

What have we learned about dealing with mega-risks?

The response to the COVID-19 pandemic has driven home some lessons about governance. Those lessons have broader application — for instance, to climate governance.  We can’t afford for the federal government to flunk Crisis Management 101 again. Here are five key lessons: 1. Effective leadership from the top is indispensable. Major problems require action by …

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Animal, vegetable or mineral?

A lesson in judicial humility and a thought experiment about property rights

This topic may be a bit far afield for this blog, but dinosaurs are always worth considering . . . The Montana Supreme Court has resolved an intriguing dispute about ownership of fossilized dinosaur remains that turned on the question of whether those remains were or were not “minerals.” In the process, the Montana court …

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Suing Big Oil

Which court has jurisdiction? State court or federal?

Yesterday, the Ninth Circuit ruled in favor of the plaintiffs in two climate change cases brought against the oil industry. The court ruled on a narrow but important procedural issue: whether the cases should be sent back to state court. Cities and counties should now be able to continue with the cases, in which they …

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The Coronavirus and the Commerce Clause

Could Congress mandate CORVID-19 vaccinations? Not if you take some Supreme Court opinions seriously.

If we get a vaccine against a national epidemic, could Congress pass a law requiring everyone to get vaccinated?  That very question was asked during the Supreme Court argument in the 2012 constitutional challenge to Obamacare’s individual mandate.  The lawyer challenging Obamacare said “no, Congress couldn’t do that.” What’s shocking is that this may have …

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In Support of Public Health Federalism

Centers for Disease Control and Prevention

Reactionary State Responses to COVID-19 (and Other Threats to Public Health) Don’t Mean Federalism Is For Suckers

For decades, “states’ rights” has been a rallying cry of the right wing. Most Americans are familiar with the dynamics that required the federalization of civil rights law, both in the 1860s and again in the 1960s, the protection of much of our nation’s federal lands, and the national crises that necessitated the federal government …

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Federalism Is For Suckers

Donald Trump’s Assertion That He Can Order the States Around Is Unconstitutional: But Leave Federalism and the 10th Amendment Out of It

Five days is a lifetime in politics, and especially in the age of the internet. Donald Trump has – for now – given up on saying he can order governors to “reopen” their states, but the debate surrounding it has perverted our constitutional discussion. And that needs fixing. Wags from right to left – not …

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Inslee v. De Blasio: Coronavirus Responses, Good and Bad

As it turns out, telling New Yorkers not to worry about the virus was a really bad idea.

The state of Washington seems to be a model of success in dealing with the coronavirus. What can we learn from that experience?  And how did Washington’s approach differ from that of another hotspot with about the same population, New York City? Let’s begin by taking a look at how the situation developed in Washington. …

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